Rent-DELAYED BY DEPOSITOR

[Tayla]

What is the name of your state (only U.S. law)?
PENNSYLVANIA.

Been in tenancy with this Corporate Run Apartment complex for three years. Recently the tenants received notice that the ONLINE RENT PAY website had recinded the contract to accept payments on behalf of the LANDLORD.

A letter is sent to the tenants that "until such time that ONLINE pay can be re-negotiated all payments are to be made by local bank check or cashiers check". I presented on feb 29 the rental payment. They waited til March 5th to deposit it. This morning a "notice of late pay" is at my door advising I owe $50,00 for each day late up until the 10th at which they can start eviction proceedings. I call the Manager as I have record that my payment was received on the 29th at her office. She responds- Release of funds were not received into our account til this AM. We cannot simply "waive" your $50.00 late fee. She refuses to budge and tells me to stop in to pay by the tenth. Is it my responsibility to see that they deposit on the day it was received?? Seems shady that they waited til the 5th to even present for deposit and then tell me its NOT til they receive the funds into their account that my rental payment is applied. The Lease term for rental payments does NOT allow for CASH payment. The lease term states 'check or cashiers check". The Lease term makes no mention that payments are applied once funds received into the Landlords account. I am not paying the $50.00 since this will simply allow them to do this each month when they want to add revenue. I am keeping all my bank checks as proof, but the problem will be getting our local magistrate to comprehend that I made payment in accordance and it was the manager who didn't deposit rents til day 5. This is a complex of over 400 tenants, you do the math with how much they can make off this little tactic.

 

[sandyclaus]

Their delay in depositing your check is not your fault, nor your problem.

What proof do you have the check was received prior to the 1st of the month? Do you have a signed receipt? If so, you have sufficient proof of payment prior to the due date, and any late fees are inappropriate.

If you do not have solid, irrefutable proof that the check was handed to them prior to the date they deposited it, then unfortunately, you'll have to pay the late fee - THIS TIME. However, starting next month, and from now on, be sure to insist on a signed receipt from the person receiving the rent check for verification of when it was received.

 

[Tayla]

thanks sandyClaus, I concur that its not my problem if I have proof of presentation of check , which I do. The Manager is arguing the other side of accounting though which is "until deposit of funds is confirmed in our account, we cannot apply payment to your rental due, therefore your payment is late". That is the part that is causing plight.
The best thing at this point is to contact my lawyer...Not willing to pay up to the LL if this really isn't something that can be enforced simply because they delayed deposit on their side...

 

[Zigner]

There is no reason to contact your lawyer just yet. The LL is wrong...just plain wrong. If further legal steps are taken by the LL, THEN do what you need to. The LL will not be able to successfully evict you on this matter.

With that said, what is your proof that they received the check on the 29th?


ETA: By LL, I am also referring to the manager/management company.

 

[sandyclaus]

thanks sandyClaus, I concur that its not my problem if I have proof of presentation of check , which I do. The Manager is arguing the other side of accounting though which is "until deposit of funds is confirmed in our account, we cannot apply payment to your rental due, therefore your payment is late". That is the part that is causing plight.
The best thing at this point is to contact my lawyer...Not willing to pay up to the LL if this really isn't something that can be enforced simply because they delayed deposit on their side...

Your payment wasn't late. Their trip to the bank to deposit those funds was what was late.

I would personally tell the manager, if they want their late fees, then they should be collecting them from the person in charge of depositing those rent checks. If they want that rent in their account on time, they need to deposit the checks on time. If they don't get their checks in time for the deposit, THEN they can think about charging you those late fees.

 

[FarmerJ]

Since you say you have proof of payment date ( if thats a reciept thats dated ) then Id say your free to send to this PM a certified letter in the letter remind her that you have proof of date payment was accepted and if she wishes to feel foolish in court that she will have to take you to court and show the court your rent was not paid on time! looks like you will have to demand written rent rect showing your check number for the rest of your tenancy if you pay it in person or mail it to them certified mail from now on.

 

[You Are Guilty]

And unless you are paying a 5-figure monthly rent, a $50/day late fee is likely impermissible as well.

 

[Tayla]

ZIgner- When payment is presented to the office the Clerical Staff has three steps:
1: Client signs the book of records- date/initial and check #
2: Clerical Staff writes a receipt with: Apartment Number- Address and Check Bearers Name- In this case it was mine. Along with Value of check & Date received.
3: Both the staff and the resident sign the "note". A master and a Copy are made and time stamped.Then presented to Lessee as proof. The Master is kept on file with my lease and any other documents required during my tenancy.
So that is what I have to show date/time /check # and amount of payment

You are Guilty- My response: Its in my lease that they can charge $50.00 per day after the fifth of the month for any monies due for rent up until the tenth of the month. Basically 250$ max til they are allowed to start the eviction process. This is separate from any of past dues owed. In my case there are no past dues.

 

[Zigner]

You are Guilty- My response: Its in my lease that they can charge $50.00 per day after the fifth of the month for any monies due for rent up until the tenth of the month. Basically 250$ max til they are allowed to start the eviction process. This is separate from any of past dues owed. In my case there are no past dues.

Doesn't really matter. That would likely be found to be an illegal clause in your lease. It is WAY out of line.

 

[You Are Guilty]

Doesn't really matter. That would likely be found to be an illegal clause in your lease. It is WAY out of line.

Indeed. Unless you are paying, say, $25,000/mo. in rent, I doubt that would hold up in court. If you can't resolve your issue with the late-cashing amicably, I would shift to arguing the $50/day late fee amounts to an illegal penalty, and that as a result, you are not liable for any of it.

There are tons of PA court cases stating such, so here's one quick overview site site I googled instead:
http://www.ezlandlordforms.com/articles/pennsylvania_landlord_tenant_law_and_regulations/